Palestine seeks justice in ICC: Israel denies existance of the state of Palestine

After a litany of documented war crimes committed by Israel, Palestine is seeking international validation.

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The International Criminal Court at the Hague released its annual report on Thursday, which includes the first preliminary report about alleged war crimes committed on Palestinians by Israel since June 2014--the beginning of the latest Gaza War or Operation Protective Edge.

The report states that the Israeli government has been cooperating with investigators since 9 July, 2015.

Essentially, “competence” in this context refers to the claim by Israeli government officials that the state of Palestine does not exist, and therefore proceedings to engage with the state of Palestine are unfounded. Furthermore, the Israeli Defense Forces are making the claim that the ICC cannot investigate them because the army already utilizes internal investigation procedures.

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Since Jaunuary 2015, when the ICC investigation was first launched, the court has been looking into alleged war crimes related to continued Israeli settlement in the West Bank and East Jerusalem, as well as abuses committed on civilians during Operation Protective Edge. The BBC reports that 2,100 Palestinians died in the latest offensive on Gaza, more than half of which were civilians--compared to 66 Israelis.

The preliminary report found that 4,881 rockets and 1,750 mortar rounds were fired by Hamas at Israel, also a cause to investigate possible war crimes by the Islamic movement.

ICC prosecutor’s official position says “Palestine is a state for ICC purposes,” a claim which Israel denies. But nearly every country represented in the UN disagrees with Israeli claims that Palestine is not a state.

The report further states that “IDF attacks were allegedly directed against civilian residential buildings... UN facilities, hospitals, paramedics and ambulances,” continuing to say that the IDF undertook “indiscriminate attacks” in the besieged Gaza cities.

After the alleged kidnapping of Lt. Hadar Goldin, a raid by the Givati Brigade on 1 August, 2014--what is referred to as “Black Friday”--saw Israeli airforce fighter jets attacking 19 targets along with a ground force offensive. The report states that as a result of this offensive, more than 100 Palestinian civilians were killed in this single incident. Additionally, the IDF is faulted for killing an inordinate number of civilians in raids from 19-21 July in the Gaza City of Shujayia.

Palestine first ascended to the ICC in April 2015, after sending copious documentation of alleged Israeli crimes on civilian populations. The first file focused on Operation Protective Edge and the second with settlements.

It is a grave breach of international law and standards to forcibly displace an occupied people, as it is a breach to move an occupying people into occupied territory. However, this is the strategy of the Israeli government, and the numbers of settlers are staggering.

On 30 June, 2014 a report by the Yesha Council, a settlement organization, found approximately 382,031 Jewish settlers living in 121 illegal settlements in the West Bank, and over 300,000 Israelis living in settlements in East Jerusalem. The group found that over 20,000 lived in settlements in the Golan Heights.

Meeting with ICC prosecutor Fatou Bensouda in June, Palestinian foreign minister Riad Malki said laid bare the intentions of Palestine in going to the ICC. “Achieving justice is essential for the Palestinian victims, dead and alive. Palestine has chosen to seek justice, not vengeance.”